MONTANA BOARD OF REGENTS OF HIGHER EDUCATION
Policy and Procedures Manual
SUBJECT: PERSONNEL
Policy 711.1 – Employment Contracts (Non-faculty)
Adopted: June 1, 2006
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Board Policy:
A. Delegation of Authority:
The Board of Regents, pursuant to its constitutional authority to supervise and manage the Montana
University System (MUS), hereby delegates to the Commissioner of Higher Education the authority to
approve employment contracts offered to certain employees by Presidents, Chancellors, and Deans of
Helena College and Great Falls College. MUS employment contracts in this policy cover non-faculty
professional employees who are not on the MUS Staff Compensation Plan, and administrators who are
not covered by a Board of Regents employment contract as provided in Regents Policy 711.2.
B. Accountability:
1. Campuses shall submit the terms and conditions of tentative MUS employment contracts to the
Commissioner. Presidents are authorized to coordinate the submitted items on behalf of affiliated
campuses. The submitted information should identify the employee’s name, position title,
department or program, proposed salary, position funding source, date of hire, and proposed
duration of the contract. Upon the Commissioner’s approval, the President, Chancellor, or
appropriate College of Technology Dean shall be authorized to sign the approved contract into a
binding agreement.
2. The Commissioner will prepare an annual report to the Board of Regents in November
summarizing the status and trends of MUS employment contracts.
3. Salaries will be administered in accordance with guidelines approved by the Board.
4. In all cases for new and continuing employees, salary levels and guidelines shall be established
with a goal of maintaining a balance between recruiting a high-quality workforce and recognizing
the reality of scarce salary resources.
5. Montana University System employment contracts and letters of appointment (section 5) may
include a notation that makes employment contingent upon continuation of external funding. If
anticipated funding is not forthcoming, an employee hired through a contract or letter of
appointment with such notation may be terminated at any time during the expected term of the
contract upon 15 working days written notice.
C. Eligibility:
1. Employees eligible for hire through an MUS employment contract are non-faculty professional
and administrative employees who perform work that is autonomous in nature or involves policymaking authority.
2. Tenure track faculty, student employees, classified employees, coaches, employees covered by a
collective bargaining agreement, and employees covered by a Board of Regents employment
contract (Policy 711.2) are excluded from this policy.
3. Not all positions exempt from the overtime provisions of state and federal wage statutes are
appropriate for MUS employment contracts, however, positions must be exempt from the
overtime regulations to be eligible for MUS employment contracts.
4. Eligibility for an MUS employment contract is not determined solely on the basis of the
employee’s job title or his/her supervisor’s job title. Relevant factors include job duties and
responsibilities, decision-making authority, and the essential business needs of the employer.
D. Terms and conditions:
1. The maximum term of a contract is one year.
2. Except in situations involving termination for cause or loss of funding for the position, professional
and administrative employees hired through MUS employment contracts shall be given written
notice of intent not to renew their contracts at least thirty (30) days prior to expiration during the
first year of employment; three (3) months prior to expiration during the second year of
MONTANA BOARD OF REGENTS OF HIGHER EDUCATION
Policy and Procedures Manual
SUBJECT: PERSONNEL
Policy 711.1 – Employment Contracts (Non-faculty)
Adopted: June 1, 2006
___________________________________________________________________________________
employment; or five (5) months prior to expiration during the third or subsequent years of
employment with the institution.
In the event the initial term of employment contract for a newly hired employee is for less than six
(6) months, the employee shall be entitled to at least thirty (30) days written notice of non-renewal
prior to expiration in both the first and second years of employment. Such employee will be
entitled to at least three (3) months notice prior to expiration during the third year, and five (5)
months prior to expiration during the fourth or subsequent years of employment.
E. Letters of Appointment:
1. A Letter of Appointment is an employment contract issued to administrative employees or
professional employees whose appointments are temporary and/or funded through means not
available from year to year. Non-tenurable faculty members are also eligible for a Letter of
Appointment. In all cases, the appointment is for the fixed term specified in the Letter of
Appointment, not to exceed one year. Employees hired through a Letter of Appointment have no
right to continuous employment beyond the fixed term of the letter. The eligibility requirements
articulated in Section 3 of this policy also apply to Letters of Appointment.
2. Letters of Appointment may include a notation that makes employment contingent upon
continuation of funding. If anticipated funding is not forthcoming, an employee hired through a
Letter of Appointment with such notation may be terminated at any time during the expected term
of the contract upon 15 working days written notice.
3. Except in situations involving termination for cause or lack of funding, employment of employees
hired by a Letter of Appointment automatically ends without notice at the end of the specified
term.
4. Campuses shall submit to the commissioner by October 1 each year a list containing the names,
positions, dates of employment, and salaries of all employees employed through a letter of
appointment in the previous 12 months.
5. Aside from the annual report referenced in part 5d above, campuses are not required to submit
terms and conditions of a Letter of Appointment contract to the Commissioner for prior approval.
No agent of the Board of Regents or Montana University System executives may make commitments or
promises to any employee to extend employment beyond the maximum term authorized in this policy.
Any such promises, whether written, oral or implied, are invalid and unenforceable.
History:
Item 26-016-R0380, Employment Contract, Professional and Administrative Employees, Montana University System,
March 10, 1980 as revised December 16, 1983, January 22, 1993, May 16, 1996, September 19, 1996, and
November 19, 1998. Policy replaced by Item 131-116-R0506, Employment contracts and pay guidelines for nonfaculty administrators and professionals, approved by the Board of Regents June 1, 2006.